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HomeMy WebLinkAboutORD 1986-015 THE CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 86-15 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 25, ARTICLE IV, R.ELATING TO PRIVATE UTILITIES BY ADDING A NEW DIVISION 3 RELATING TO RELOCATION OF PIPELINES, LINES AND EQUIPMENT; REQUIRING ALL UTILITY COMPANIES OPERATING WITHIN THE CITY TO �4 :. RELOCATE THEIR PIPELINES, LINES AND EQUIPMENT WHEN REQUESTED BY THE CITY PROVIDING CONSEQUENCES FOR FAILURE TO REMOVE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND ��"" DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT 08DAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. That Chapter 25, Article IV of the City Code of the City of Grapevine, Texas, relating to Private Utilities is hereby amended in the following particulars and all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said City Code are not amended, but shall remain intact and are hereby ra,tified, verified, and affirmed. (A) That a new Division 3 relating to Relocation of Pipelines, Lines and Equipment is hereby added whieh shall read as follows: �� "Division 3. R,elocation of Pipelines, Lines and Equipment" Section 25-131. Notice, Time Period and E�ctension of Time. In the event the City shall lawfully elect to alter or change the grade of any street, alley or other public way, or make improvements to its water or sewer system, and it is necessary to remove or relocate any utility company's pipelines, lines, equipment, and any other fixtures located within the City's right-of-way. The City shall give reasonable written notice to the utility company stating the need for the removal and relocation of the utility company's pipelines, lines, equipme�it, and date by which such pipelines, lines, equipment, and any other fixtures must be removed and relocated. If, in the opinion of the utility company the time allowed is not reasonable, it may request an extension of time. All such requests for e�ctensions of time shall be sent, in writing to the City Ma.Tiager, properly addressed, with sufficient postage, and must be received no later tha.n the fifth day before the deadline stated in the City's notice has expired. The City Manager shall place tl�e utility company's request for extension of time on the agenda for the next regularly scheduled City Council meeting. The City Council shall determine whether or not to grant the utility eompany an e�ension of time and its decision shall be final. The utility company shall be notified in writing of the City Council's decision. Section 25-132. Failure to Remove. (a) It shall be unlawful for any utility company to fa.il to remove or �&� K relocate its pipelines, lines, equipment, and any other fixtures within the required time period. �;� (b) Notwithstanding the provisions in subsection (a) above the city reserves the right, in the event the utility eompany fails to timely remove and relocate ' its lines, to remove and relocate the utility company's pipelines, lines, equipment and any other fixtures and to cha.rge the reasonable and necessa.ry costs of such removal and relocatian ta the utility company. The utility eompany shall also pay all reasonable attorney's fees that may be incurred by the City as a result of the utility company's failure to timely remove and relocate its pipelines, lines equipment and other fixtures. oo�sx Section 25-133. Penalt.y Any person, firm, corporation or association violating the provisions of Section 25-132 shall be deemed guilty of a misdemeanor and upon conviction thereof sha11 be fined in a sum not to exceed One Thousand Dollars ($1,000.00) for each violation and a separate violation shall be deemed committed upon each day during or on whieh the utility company fails to remove and relocate its pipelines, lines, equipment, and any other fixtures located within the City's right-of-way. Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding sha11 not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining portions of the �"�"` ordinance despite such invalidity, which cemaining portions sha11 remain in full force and effect. Section 3. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publieation as provided by law, and it is accordingly so ordained. PASSED AND APPROVED on the 4 th day of F e ar , 1986. a2/m Mayor, City of Gra.pevine, Texas ATTEST: � ' City Secretary, City of Grapevine, � Texas [SEAL] APPROVED AS i O FORM: City Attorney, City of G evin , � Texas \ 0076X -2- . -